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The Oklahoma Supreme Court has let stand a $2.5 million jury verdict issued to an Oklahoma woman who had DePuy ASR XL Acetabular systems removed from both hips less than five years after they were implanted.

The judge overseeing the fourth bellwether trial in the Pinnacle hip implant MDL has denied without prejudice DePuy’s motion for summary judgment on the plaintiffs’ punitive damages claims, explaining there are questions of fact as to defendants’ alleged conduct.

The fourth and final bellwether trial in the Pinnacle hip implant multidistrict litigation began on Sept. 18 in Texas federal court after a federal appeals court denied DePuy Orthopedics’ efforts to cancel the trial on the basis of improper venue.

An Illinois state judge has granted a plaintiff’s motion for a new trial in a DePuy hip action, ruling that her expert’s testimony regarding the volumetric wear analysis of the ASR Uni Femoral Implant should have been presented to the jury.

Plaintiffs in the Biomet M2a Magnum hip implant MDL have opposed Biomet Inc’s motion to exclude the testimony of their expert, Dr. George Kantor, arguing that he has the requisite qualifications and experience to offer opinions regarding the defective nature of large-head metal-on-metal hip implants.

DePuy Orthopaedics Inc. and Johnson & Johnson have asked a federal appeals court to reconsider its restatement of claims accusing them of palming off latently defective versions of its Pinnacle hip replacement device on unsuspecting doctors who sought government reimbursement for the devices.

A federal appeals court has denied DePuy Orthopedics’ request to cancel a multi-plaintiff Pinnacle hip bellwether trial on the basis of improper venue, ruling that while DePuy had not clearly waived any objections concerning venue, it should seek relief via an ordinary appeal.

A federal judge has remanded three Stryker LFIT V40 cases to state court, finding the nondiverse distributor defendant, Surgi-Care Inc., can be held liable for breach of implied warranty under Massachusetts law.

Issue #74, August 2017

The plaintiffs in a Durom Cup hip implant action have asked the federal judge presiding over the multidistrict litigation docket to rule on their motion to remand their case to Arkansas state court, arguing that the five and a half year-old case needs to be tried.